71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 4151
 
                           B-Engrossed
 
                         House Bill 3953
                  Ordered by the Senate June 12
 Including House Amendments dated April 20 and Senate Amendments
                          dated June 12
 
Sponsored by Representative BROWN (at the request of Oregon
  Restaurant Association)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
 
  Prohibits local governments from enacting smoking ordinances
dealing with restaurants, bowling centers and certain bingo games
that are more restrictive than state law unless local government
ordinance was passed before January 1, 1999. Prohibits smoking in
restaurants except in areas posted off-limits to minors.
   { +  Adds youth tobacco use reduction programs to purposes for
which Tobacco Use Reduction Account moneys may be used.
  Requires Health Division to expend specified amount from
Tobacco Use Reduction Account for certain purposes. + }
 
                        A BILL FOR AN ACT
Relating to smoking; creating new provisions; amending ORS
  431.832 and 433.850; and repealing ORS 433.870.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 433.850 is amended to read:
  433.850. (1) Pursuant to rules adopted by the Health Division,
a proprietor or person in charge of a public place may designate
areas in which smoking is permitted.
  (2) No public place may be designated in its entirety as a
smoking area except:
  (a) Cocktail lounges and taverns.
  (b) Enclosed offices or rooms occupied exclusively by smokers,
even though the offices or rooms may be visited by nonsmokers.
  (c) Rooms or halls being used for private social functions
where the seating arrangements are under the control of the
sponsor of the function.
  (d) Retail businesses primarily engaged in the sale of tobacco
or tobacco products.
    { - (e) Restaurants with seating capacity for 30 or fewer
patrons or restaurants with air filtration systems meeting the
standards established pursuant to ORS 433.855. - }
  (3) Notwithstanding any other provisions of ORS 433.835 to
433.875 and 433.990 (5)  { - , - }  { + :
  (a) Smoking is not permitted in any restaurant, as defined in
ORS 624.010, except in those restaurants or areas of restaurants
 
posted as off-limits to minors under rules promulgated by the
Oregon Liquor Control Commission.
  (b) + } In the case of restaurants, as defined in ORS 624.010,
 { +  rooms or halls being used by a charitable, fraternal or
religious organization to conduct bingo games under a license
issued pursuant to ORS 464.270, + } or bowling centers, nothing
in ORS 433.835 to 433.875 and 433.990 (5) is intended to prevent
the owner or person in charge from expanding or contracting the
size of the smoking area to meet the requirements of patrons.
  (4) The proprietor or person in charge of a public place,
except places described in subsection (2) of this section, shall
post appropriate signs.
  SECTION 2.  { + ORS 433.870 is repealed. + }
  SECTION 3.  { + Section 4 of this 2001 Act is added to and made
a part of ORS 433.835 to 433.875. + }
  SECTION 4.  { + (1) A local government may not prohibit smoking
in any areas of restaurants posted as off-limits to minors under
rules promulgated by the Oregon Liquor Control Commission, in
bowling centers, or in rooms or halls being used by a charitable,
fraternal or religious organization to conduct bingo games under
a license issued pursuant to ORS 464.270 unless the local
government prohibition was passed before January 1, 1999.
  (2) As used in this section, 'local government' means any
county, district, municipality, port or political subdivision of
this state. + }
  SECTION 5. ORS 431.832 is amended to read:
  431.832. (1) There is established in the General Fund the
Tobacco Use Reduction Account.
  (2) Amounts credited to the Tobacco Use Reduction Account are
continuously appropriated to the Health Division for the funding
of prevention and education programs  { + and youth tobacco use
reduction programs + } designed to reduce cigarette and tobacco
use.
  SECTION 6.  { + For the biennium beginning July 1, 2001, the
Health Division shall expend $_____ from the Tobacco Use
Reduction Account for the following purposes:
  (1) Smoking cessation and prevention education programs.
  (2) Establishment of a toll-free hotline for assistance with
smoking cessation.
  (3) Distributions to counties for smoking cessation and
prevention education programs.
  (4) Grants to programs as provided in ORS 431.834. + }
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